Ravikumar vs State Of Kerala

Application for regular bail under Section 439 Cr.PC

The applicant is the first accused in Crime No.1057/2020 of Ottappalam Police Station for having allegedly committed offences punishable under

Sections 143, 147, 148, 294(b), 341, 324, 307 read with Section 149 IPC.

The prosecution case, in brief, is that owing to the previous enmity towards the de facto complainant for having questioned the involvement of the

applicant in pedalling drugs, on 4.10.2020 at about 10 p.m., he formed an unlawful assembly with the other accused and in the prosecution of the

common object of the unlawful assembly, attacked the de facto complainant after hurling abuses and wrongfully restraining him and he was stabbed

with a dangerous weapon like a knife and the de facto complainant sustained a penetrative wound, which could have been fatal. Thus the applicant

and others attempted to commit murder. The applicant was arrested on 6.10.2020 and has been in judicial custody since then.

The applicant would state that the de facto complainant is the drug peddler and that it is because the applicant had questioned him about the drug

peddling, that the de facto complainant and others had trespassed into his house and attacked him and his mother in consequence to which Crime

No.1056/2020 was registered against him. The applicant states that it is the de facto complainant who pedalled drugs and that his act was questioned

by the applicant. In vengeance, the de facto complaint trespassed into his house and caused hurt to him and his mother, in consequence, to which the

aforesaid Crime No.1056/2020 was registered against the de facto complainant and others. The applicant had in retaliation sought the help of the other

accused and assaulted the defacto complainant.

The applicant states that he is innocent and the allegations are not true and he has no criminal antecedents and he has been in custody since his

arrest. Hence, he prays that he may be granted bail. The bail application filed by him before the Sessions Court was dismissed, considering the gravity

of the injury sustained to the de facto complainant.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

Custodial interrogation of the applicant is over. Recovery has also been affected. The applicant does not have any criminal antecedents. There is

only one stab injury sustained by the de facto complainant.

In view of the fact that the weapon has already been recovered, no purpose would be served by subjecting the applicant to custodial interrogation,

particularly in view of the fact that he has no criminal antecedents. Under the circumstances, I am inclined to grant bail to the applicant.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees

Fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final

report, whichever is earlier.

(ii) He shall surrender his passport before the jurisdictional court, and if he does not have a passport, an affidavit to that effect shall be filed.

(iii) He shall not enter the jurisdiction of Ottappalam Police Station, except for compliance of condition No.(i).

(iv) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(v) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.